Related Stories

A Federal Court decision this week that declares Canada's Metis people “Indians” may not have settled the issue for good but it bodes well for the future, says a Metis youth leader.

Mitchell Case, president of the Metis Nation of Ontario's youth council, said the decision could prove important, even if the federal government does what it is expected to do and launches an appeal.

“The Federal Court is recognizing what we've always known, what we've always affirmed and we've always recognized: that we are undeniably an aboriginal people in this country and our rights need to be dealt with by the federal government,” said Case, 22.

The decision deals with a challenge launched by the Congress of Aboriginal Peoples in 1999, and means 600,000 Metis and non-status Indians in Canada are "Indians" under the federal Constitution Act and are entitled to legal access to education, health care benefits and negotiation rights in land claims.

CAP is claiming the ruling as a victory.

"This is huge and it ends the denial of aboriginal birthrights that has existed for far too long," Betty Ann Lavallee, CAP's national chief told reporters.

Case, who also sits on the MNO's Provisional Council as youth representative, said that for young Metis, the ruling could set out their future. He noted the Powley Case, which originated in Sault Ste. Marie, took years of appeals before it was settled. The Supreme Court of Canada ruled in 2003 that First Nation, Inuit and Metis have “aboriginal rights” under Sec. 35 of the Constitution Act.

“The government appealed that decision each time, but building on each victory we ended up getting to the Supreme Court,” said Case.

He said that may be the case with this ruling as well.

“It may take a few more years if the federal government decides to appeal it, but I think it's a solid foundation to move forward,” said Case.

Case is a student at Algoma University and Shingwauk University and has been president of the MNO's youth council since spring of last year. Before that, he served three and a half years as a regional represenatative on the council.

Aboriginal Affairs Minister John Duncan did not acknowledge the near-certainty that the government will appeal and push the case to the Supreme Court, although spokesman Jan O'Driscoll said the government was reviewing the decision.

"As the Federal Court stated, this decision is not about 'the interpretation or application of particular rights either under the Constitution or under specific agreements, nor is it about Aboriginal rights," O'Driscoll said in a statement. "Our government continues to work in partnership with all Aboriginals across Canada to address shared priorities such as education, economic development and jobs."